PART III
MATTERS OF JUSTIFICATION OR EXCUSE

13. Insanity-

(1) A person shall be presumed to be sane at the time of doing or omitting any act until the person proves on the balance of probabilities that he or she was not sane to the extent provided in subsection (2).

(2) A person is not criminally responsible for any act done or omitted to be done when suffering from a mental defect or mental disorder that renders the person incapable:

(a) of knowing what he or she is doing or omitting to do; or
(b) of attributing to that act or omission the same moral character that members of the community generally would attribute to that act or omission.

(3) The fact that by virtue of this section any person has not been or is not liable to be convicted of an offence shall not affect the question whether any other person who is alleged to be a party to that offence is guilty of that offence.

(4) Where upon the trial of any person that person is acquitted on account of insanity, the Judge must order that the person be examined by two (2) medical practitioners and the following provisions apply:

(a) pending the receipt by the Judge of certificates from the medical practitioners, the person must be detained in one of the following places as the Judge thinks appropriate -

(i) a private or public hospital; or
(ii) a prison facility;

(b) when the Court has sufficient information on the condition of a defendant acquitted on account of
his or her insanity, the Court must -

(i) consider all the circumstances of the case; and
(ii) consider the evidence of the two (2) medical practitioners; and

(c) if it is satisfied that the making of the order is necessary in the interests of the public or any person or class of persons who may be affected by the Court’s decision.

(5) Despite anything in the Mental Health Act 2007 no person subject to an order made under subsection (4)(a) shall be released on leave or discharged from any institution without an order of the Court that made the order detaining that person.